County asks for school suit's dismissal

Advocacy group fails to identify actual injury

By Mike Heine/The Week

(Published September 5, 2006, 10:08 a.m.)

Attorneys representing Walworth County fired back at Disability Rights Wisconsin,
asking a federal judge to dismiss the advocacy group's lawsuit brought
against the county for its plan to build a bigger school for children
with disabilities.

A memorandum supporting a dismissal motion says Disability Rights Wisconsin
did not identify any injured persons by the proposed building project,
and therefore cannot bring a lawsuit as a class action.

"A protection and advocacy agency bringing suit on behalf of another
must identify a specific constituent who is being harmed by the defendant's
actions," the memo reads.

"DRW fails to identify any specific individual(s) that have suffered
an injury," it adds.

DRW filed a suit July 31 in U.S. District Court alleging the building
of a bigger Lakeland School violates American Disability Act standards
that require schools to educate children in the most integrated and
least restrictive environment possible.

The group filed the suit on behalf of all school-age children with
disabilities in Walworth County.

Building a bigger school further promotes segregation of disabled students
from mainstream society, said attorney Jeffrey Spitzer-Resnick, who
represents DRW.

"If Walworth County had chosen to build a smaller school, we would
not be suing. That's the bottom line," Spitzer-Resnick said earlier.
"Children throughout the county have the right to be in the least restrictive
environment. Walworth County is so far away from that."

He could not be reached for further comment on the county's response
to his complaint.

The suit also fails to show that funding construction of a new school
causes any injury DRW complains of, in this case further segregation,
according to the memo.

"The lack of a casual connection is apparent by DRW's failure to allege
that the county board has mandated enrollment in the new school," the
memo reads.

Lakeland School is an option parents have if they have children with
special educational requirements.

A team of educators and the parents or guardians determine a child's
placement at Lakeland School.

"I don't believe we are" segregating children, Principal Greg Kostechka
said in an earlier interview. "I think it's apparent that this school
is a choice. We do some mainstreaming activities that try to get the
kids involved in the community as much as possible."

So far the lawsuit has not stopped the county from moving forward with
its building plans. On Aug. 8, the county board approved schematic design
drawings for the 105,000-square-foot school and OK'd a plan to transfer
district-wide special education to local school district responsibility.

The county received two legal opinions that the school was a legal
option before going ahead with the building project. The attorneys currently
representing the county were unavailable.